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Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls



by John A. Tarantino
Adler Pollock & Sheehan P.C. - Providence Office

June 11, 2014

Previously published on May 20, 2014

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that they may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at trial. Social media can help an attorney obtain information about opponents, witnesses, experts and jurors (potential or sitting). One of the principal problems with trying to apply the Rules of Professional Conduct (as well as prior case law) to social media issues, is that the rules and legal precedents relied upon to instruct and define lawyer behavior were drafted and decided well before recent technological advances.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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